2009 Fiscal Year Final Research Report

Study on the principle of burden of proof and on evidence law before the International Court of Justice

Research Project

Project/Area Number	19530041
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	International law
Research Institution	Toin University of Yokohama
Principal Investigator	UCHIGASAKI Yoshihide Toin University of Yokohama, 法学部, 教授 (70257426)
Project Period (FY)	2007 – 2009
Keywords	国際司法裁判所 / 証明責任 / 証拠法 / ICJ / ジェノサイド事件 / コンゴ事件 / ICJ訴訟法 / ICJ訴拠法
Research Abstract	Evidence procedure before the International Court of Justice has not yet been developed as a branch of international law. Judges and academic researchers are apt to apply their national jurisprudence. Continental and Anglo-American legal systems have greatly different views on a court, so they are out of accord on evidence rules. Therefore, it cannot provide an adequate theory to the international society to make just a comparative study among theories on the principle of the burden of proof of national laws. We need a consciously legislative action as international law. And in doing so, it can be said that characteristic of ICJ as a court of the international society needs unique measures which are not seen in national laws.